USCIS Announces Expansion of Premium Processing

Download

Authors: Sari M. Long , Beth E. Carlson , Kirat K. Goraya

While U.S. Citizenship and Immigration Services (USCIS) made clear that it would not be increasing the $2,500 premium processing fee in its latest round of proposed fee increases, the agency announced on January 12 its final phase of premium processing expansion for EB-1 and EB-2 Form I-140, Immigrant Petition for Alien Workers.

Beginning January 30, 2023, USCIS will accept Form I-907, Request for Premium Processing Service for all EB-1 multinational executive and manager petitions and all EB-2 national interest waiver (NIW) petitions. Notably, unlike previous phases of premium processing expansion, this phase applies to all petitions, both new (initial) and previously filed (pending) under the EB-1 multinational executive and manager petitions and all EB-2 NIW categories.

This long-awaited final phase of premium processing expansion for EB-1 and EB-2 Form I-140 petitions comes following a March 29, 2022 announcement from USCIS.

We will continue to monitor further expansions to premium processing, as USCIS has announced plans to expand premium processing for F-1 students in the coming months, with specific dates for each group to be announced in February. In March, USCIS plans to expand premium processing to certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. In April, USCIS plans to expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765.

USCIS has also announced plans to implement the expansion of premium processing availability for Form I-539, Application to Extend/Change Nonimmigrant Status. As part of its phased rollout, USCIS plans to expand premium processing for certain student and exchange visitors with pending Form I-539 applications in May and for certain student and exchange visitors filing initial Form I-539 applications in June.

For more information, please see the USCIS News Alert released on January 12, 2023.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.